An Old New York Traffic Ticket May Return to Haunt You

A New York State Trooper issuing a traffic ticket. New York prosecutors will now be able to see the original charges even if the ticket is pleaded down to a lesser charge. (Source: Flickr)

New York Department of Motor Vehicles (DMV) recently made it more difficult for New York traffic lawyers to negotiate reduced charges for clients. State officials announced earlier this month that the DMV will make additional details from old traffic tickets available to prosecutors considering plea bargains for new offenses.

The DMV will now release additional information about tickets issued during the past 10 years when the original charge was for a violation that would result in license points, for a drug or alcohol offense or for aggravated unlicensed operation (driving on a suspended license).

What is the point?

The regular traffic court procedure can involve the driver pleading down the original ticket to a lesser charge and agreeing to a conviction for the lesser charge. For example, agreeing to a conviction for a parking violation instead of speeding 14 mph over the posted limit. In the past, only the conviction for the reduced charge (if any) was available. Reductions to parking violations are not listed altogether. Under the new DMV policy, prosecutors considering a plea bargain will be able to see the original offense on the ticket. Governor Andrew Cuomo revealed that in 2010, almost 130,000 New York speeding tickets were negotiated down to “parking on pavement” violations.

Outcome

What the DMV’s new procedure means for you is that it will probably be more difficult plead down to a lesser charge. If a prosecutor can see that instead of being ticketed and charged for minor parking or equipment infractions, you were actually ticketed twice for speeding, he or she might be less willing to accept a plea on a third speeding offense.

An experienced New York traffic lawyer can help

A seasoned Albany ticket lawyer is familiar with the workings of the New York court system and can guide you through the pitfalls of traffic court. Most courts allow your traffic attorney to appear for you in court so that you do not have to miss work. An effective lawyer has established positive working relationships with prosecutors and judges which enhances the chances of getting a favorable reduction of your charge.

Rather than pleading guilty and paying the fine listed on your NY traffic ticket, call an experienced traffic attorney who will work hard to defend you. Call The Rosenblum Law Firm at 1-888-883-5529 for a free consultation.

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